Web Based Directory Service
I. SERVICE DESCRIPTION: Web Based Directory Services (“WBDS”) provides Customer access to certain directory assistance information, including (without limitation) government, business and residential telephone listings of names, addresses (including, in some cases, postal zip codes) and telephone numbers (including area codes) (collectively, the “WBDS Data”). Customer will access and retrieve the WBDS Data basis via a Company data network connection to Customer’s network on a per “Dip” basis. Customer will obtain the data network connection to its network from Company pursuant to a separate agreement. Company data network connections include, without limitation, dedicated Internet, Frame Relay and Asynchronous Transfer Mode (“ATM”) service.
II. DEFINITIONS: In addition to Online Definitions, the following definitions apply to WBDS:
Dip: A single listing (consisting of one or more elements of information) that is located as a result of a search of the WBDS Data, using name and/or address information, and provided to Customer when Customer selects the listing by clicking the highlighted partial telephone number provided. A “Dip” also is any single listing retrieved when Customer performs a reverse search by entering only a telephone number to search the WBDS Data. A Dip includes all information retrieved by and provided to Customer, including without limitation, addresses, zip codes, second listings and caption set information in the WBDS Data retrieved by Customer.
III. FEATURES AND OPTIONS: The following features and options are available: None.
IV. RATES AND CHARGES
1. The following charges apply based on the total number of Dips per month:
|
Dips Per Month |
Charge Per Dip |
|
|
|
|
0 – 10,000 |
$0.06 |
|
10,001 – 20,000 |
0.05 |
|
20,001 – up |
0.04 |
2. Paper Invoice Charge applies.
3. Convenience Payment Charge applies.
IV. TERMS AND CONDITIONS: In addition to the Online Master Terms - Terms and Conditions of Service, the following terms and conditions apply:
1. The WBDS Data, all data contained therein, and all right, title, and interest thereto, including all copyrights therein, are and will remain the exclusive property of Company.
2. Company will provide the WBDS Data to Customer for retrieval on a per Dip basis, seven (7) days per week, twenty-four (24) hours per day, subject to hardware and software failures. Notwithstanding the forgoing, Company may limit or interrupt Customer’s access to the WBDS Data at any time to maintain service quality, to update or modify the WBDS Data, or to test or repair facilities.
3. Customer may use WBDS and the WBDS Data for internal purposes only. Company acknowledges and agrees that “internal purposes only” may include, but not be limited to, (i) internal use of WBDS and the WBDS Data in association with individual use by Customer’s employees of personal productive software (e.g., Microsoft Outlook); and/or (ii) internal use of the WBDS Data to update Customer’s customer records; to complete internal forms; to verify name, address, and telephone number information; or to perform any other internal administrative matters directly related to Customer’s normal business functions normally satisfied via traditional voice-based directory assistance.
4. Customer will not, for the purposes of providing directory assistance services of any type (including electronic on-line) or for the purposes of publishing a directory of any type (including electronic on-line), store any part of the WBDS Data or the data contained therein in any retrieval system.
5. Customer will not:
use the WBDS Data or the data contained therein for the purposes of any type of marketing;
use WBDS or any WBDS Data with, or provide to, any service bureau, timesharing, or other data processing service;
resell or sublicense any data retrieved from the WBDS Data;
provision WBDS Data in bulk to a third party;
grant to any third party access to WBDS; or
otherwise use WBDS or WBDS Data in any way that may infringe any copyright or other proprietary interests of Company or of any third party that provides data used in the WBDS Data.